Análise dos entraves normativos e organizacionais ao transporte multimodal de cargas no Brasil

Abstract

The objective of this dissertation is the analysis of normative and organizational obstacles which hindder the multimodal operation in Brazil, with regulatory focus. The method used was deductive, the research was bibliographic and documentary. This objective was reached in three chapters, in which was presented the concept of multimodal cargo transportation, based on the examination of the international and Brazilian legislation that regulates it, besides the analysis of the competent Brazilian bodies and entities, and consequent verification of the regulatory obstacles and organizational barriers that hamper multimodal transport, considering their insufficient implementation. The obstacles identified by Multimodal Transport Operators (MTOs) were identified, according to studies prepared by the Brazilian Terrestrial Transport Agency (ANTT). It was verified that the legislation that deals with multimodal transport in Brazil is silent and insufficient, especially regarding the inspection of the activity and third party logistics´ lack of regulation. The major normative obstacles to multimodal cargo transport, in short, refer to the tax, security and structural aspects. In order to examine the organizational obstacles, a comparative analysis was carried out between the functions of the bodies and entities responsible for the regulation of multimodal transport, such as ANTT, National Agency for Waterway Transportation (ANTAQ), National Civil Aviation Agency (ANAC) ), Superintendence of Road Transport and Multimodal Cargo Services (SUROC), National Department of Transport Infrastructure (DNIT) and National Council for the Integration of Transport Policies (CONIT). It was found that the attributions of these organizations are broad and there is regulatory overlap. The concept of regulatory overlap has been stated, on the basis of national and foreign doctrine. Consequences of this phenomenon were also seen, including the study of cases of conflict of competence between regulatory agencies in Brazil. At the end, it was concluded that coordination among the competent bodies and entities is necessary, as well as a clear definition of each one's responsibilities, including the collect and consolidation information from MTOs, in order to reformulate standards and improve efficiency